Kumbhkaran Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63860 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Kumbhkaran Sahani Son of Late Nand Lal Sahani Resident of Village - Manjhar, Ward No. 15, P.S. - Pakridayal, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sessions Trial No. 736 of 2025 arising out of Pakaridayal P.S. Case No. 68 of 2025 instituted for the offence under Sections 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that on 28.02.2025 at about 10:30 P.M., the petitioner (son of the informant) allegedly quarreled with the informant, and when her husband Nand Lal Sahani intervened, the petitioner assaulted him, causing head injuries that led to his death.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-03-2025. Petitioner

Patna High Court CR. MISC. No.63860 of 2025(2) dt.10-09-2025 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner is the son of the deceased, who was suffering from cancer and on the alleged date of occurrence, he fell down due to weakness and ailments and thus, received head injury and subsequently died. As is evident from the FIR, there was no motive to commit the alleged offence. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. There is direct allegation against the petitioner of assaulting his father by means of bricks, leading to his death. Referring to impugned order, it is fervently submitted that postmortem report corroborates the allegation levelled against the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioner and nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner at this stage. Prayer for bail is rejected at this stage.

Patna High Court CR. MISC. No.63860 of 2025(2) dt.10-09-2025 3/3 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

9.

However, petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of six months from today.

(Rudra Prakash Mishra, J) Raj Kishore/- U T